The purpose of this article is to prevent fraud,
crime and unethical and dishonest business practices and to protect
the health, safety and welfare of the residents of the Village of
Brewster.
A.
MERCHANDISE, GOODS OR WARES
PEDDLE
PEDDLER
As used in this article, the following terms shall
have the meanings indicated:
Includes all items or products intended to be sold.
The merchandising of any goods, wares, commodities, books
or periodicals by going from house to house, place of business to
place of business or in any public street or public place or by temporarily
occupying a room, building, structure, land or other premises therefor.
Any person who peddles, as herein defined. The words "peddler,"
"hawker" and "vendor" are considered synonymous terms.
B.
Gender. The terms "he," "him" or "his" shall also
mean "she," "her" or "hers."
It shall be unlawful for any person to peddle
within the Village of Brewster without first having obtained and paid
for and having in force and effect a license therefor.
A.
Every applicant for a license is required to submit
to the Village Clerk a written application supplying, under oath,
the following information:
(1)
The name of the applicant.
(2)
The address of the applicant.
(3)
The name and address of the firm represented, if any.
(4)
The length of time for which the license is required.
(5)
A description of the goods, wares or commodities to
be offered for sale, together with a true invoice of their amount,
quality and value.
B.
Every applicant shall submit two copies of a recent
photograph of himself or herself. Said photograph shall be two inches
by two inches and shall show the head, full face and shoulders of
the applicant. One copy shall be attached to the license application
and one shall be attached to the license, if issued.
A filing fee as set forth in the Village fee
schedule set from time to time by resolution of the Village of Brewster
Board of Trustees is to be paid on application to the Village Clerk
for each person proposing to peddle whether on foot or from a licensed
vehicle. No filing fee shall be required of a veteran who has obtained
a license from the Putnam County Clerk pursuant to Article 4 of the
General Business Law of the State of New York.
A.
Upon receipt of the application and license fee, the
Village Clerk shall issue a license to the applicant specifying the
particular business authorized. The license shall be nontransferable
and shall be prominently displayed on the licensee or the vehicle
used while engaged in the business licensed.
A.
The Village Clerk shall keep a record of the applications
the determinations thereon of all licenses issued in accordance with
this article, the date of revocation of any license and the reason
for said revocation.
B.
All licenses hereunder shall expire no later than
three months from date of issue.
The provisions of this article shall not apply
to the following:
A.
Any person peddling at express invitation.
B.
A wholesaler selling articles to dealers or merchants
who have an established place of business within the Village of Brewster.
C.
A farmer owning a farm within the Village of Brewster
who sells products grown on his own farm and who shall be in compliance
with all other applicable municipal regulations.
A.
No peddler shall have any exclusive right to any location
in the public streets, nor shall any be permitted a stationary location,
nor shall any be permitted to operate for longer than 10 minutes in
any one location.
B.
No peddler shall sell from a location on private property
without the issuance of a certificate of occupancy from the Building
Department of the Village of Brewster and site plan approval from
the Planning Board of the Village of Brewster.
C.
No peddler shall peddle within 200 feet of any church
or place of worship or any place occupied exclusively as a public
or private school, nor shall he or she permit his or her vehicle,
if any, to stand on any public highway within said distance of school
or church property.
D.
No peddler shall solicit any business whatsoever at
the scene of any accident within the Village of Brewster.
E.
No peddler shall sell from any point within 500 feet
of any established place of business selling substantially similar
merchandise.
F.
No peddler shall call attention to his goods by blowing
a horn, by shouting or crying out or by any loud or unusual noise.
G.
No peddler shall willfully misstate the quantity or
quality of any article or service offered for sale.
H.
No peddler shall willfully offer for sale any article
of an unwholesome or defective nature.
I.
Any peddler shall keep the vehicle, if any, used by
him or her in a sound, clean and sanitary condition.
J.
No peddler shall sell within the recreation areas
without the written permission of the Village of Brewster Commission
of Recreation.
K.
No peddler shall operate between the hours of 9:00
p.m. and 8:00 a.m.
A.
Licenses issued under provisions of this article may
be revoked by the Village of Brewster Board of Trustees after notice
and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his or her business as a peddler.
(3)
Any violation of this article.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling in an unlawful
manner or in such a way to constitute a menace to the health, safety
or general welfare of the public.
B.
Notice of hearing for renovation of a license shall
be given in writing, set forth specifically the grounds of complaint
and the time and place of hearing. Notice shall be mailed, postage
prepaid, to the licensee at the address set forth in the application
at least 10 days prior to the date set for hearing.
C.
The Village of Brewster Board of Trustees, upon receiving
information giving it reasonable cause to believe that the holder
of any license issued hereunder has violated any provisions of this
article or has been convicted of any crime or offense, may forthwith
temporarily suspend such license until a hearing is held by it as
provided herein and the Village of Brewster Board of Trustees shall
have issued its determination thereon.
Any person aggrieved by the action of the Village Clerk in the denial of the application for a license as provided in § 179-3 shall have the right to appeal to the Village of Brewster Board of Trustees. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds of such appeal. The Village of Brewster Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at the address set forth on the application at least 10 days prior to the date set for the hearing. The decision and order of the Village of Brewster Board of Trustees on such appeal shall be final and conclusive.
Any person convicted of violating any provisions
of this article shall be guilty of an offense and shall be subject
to forfeit his license and pay a penalty not exceeding $250 for each
offense or be imprisoned for not more than 15 days, or both.
